Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Any person who intends to occupy and use roads violating the Road Act shall obtain permission from the road management agency;

Nevertheless, the Defendant, without obtaining permission from the management agency from April 2006 to August 7, 2015, installed a 14.4 square meters of the public parking lot and C hotel in Yongsan-gu Seoul Metropolitan Government and occupied and used a road as a general restaurant business without permission by installing a tent on the 14.4 square meters of the delivery between the public parking lot and C hotel.

2. Where anyone who violates the Food Sanitation Act intends to operate a restaurant business, he/she shall report it to the competent administrative agency;

그럼에도 불구하고 피고인은 2006. 4. 경부터 2015. 8. 7. 경까지 관할 행정청에 신고하지 않은 채 서울 용산구 B 상가 공용 주차장과 C 호텔 사이 인도에서 천막을 설치하고, 후라이팬, 튀김 냄비, 화덕 등 조리기구를 갖추고, 불특정 다수의 손님을 상대로 떡볶이, 순대, 라면, 오뎅 등을 조리하여 판매함으로써 일반 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 114 subparagraph 6, 61(1) (unauthorized occupation and use of roads), subparagraph 1 of Article 97, and Article 37(4) (unreported general restaurant business) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;